Illinois General Assembly - Full Text of HB0365
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Full Text of HB0365  102nd General Assembly

HB0365enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0365 EnrolledLRB102 10016 HEP 15336 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Roadside Memorial Act is amended by
5changing Sections 5, 20, and 23.1 as follows:
 
6    (605 ILCS 125/5)
7    Sec. 5. Purpose of the Roadside Memorial program. The
8Roadside Memorial program is intended to raise public
9awareness of traffic fatalities impaired driving by
10emphasizing the dangers while affording families an
11opportunity to remember the victims of traffic crashes
12involving impaired drivers.
13(Source: P.A. 95-398, eff. 1-1-08.)
 
14    (605 ILCS 125/20)
15    Sec. 20. DUI memorial markers.
16    (a) A DUI memorial marker erected before July 1, 2021
17shall consist of a white on blue panel bearing the message
18"Please Don't Drink and Drive". A DUI memorial marker erected
19on or after July 1, 2021 shall consist of a white on blue panel
20bearing the message "Don't Drive Under the Influence". At the
21request of the qualified relative, a separate panel bearing
22the words "In Memory of (victim's name)", followed by the date

 

 

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1of the crash that was the proximate cause of the loss of the
2victim's life, shall be mounted below the primary panel. This
3amendatory Act of the 102nd General Assembly does not require
4the removal or replacement of any memorial markers erected
5before July 1, 2021.
6    (b) A DUI memorial marker may memorialize more than one
7victim who died as a result of the same DUI-related crash. If
8one or more additional DUI crash deaths subsequently occur in
9close proximity to an existing DUI memorial marker, the
10supporting jurisdiction may use the same marker to memorialize
11the subsequent death or deaths, by adding the names of the
12additional persons.
13    (c) A DUI memorial marker shall be maintained for at least
142 years from the date the last person was memorialized on the
15marker.
16    (d) The supporting jurisdiction has the right to install a
17marker at a location other than the location of the crash or to
18relocate a marker due to restricted room, property owner
19complaints, interference with essential traffic control
20devices, safety concerns, or other restrictions. In such
21cases, the sponsoring jurisdiction may select an alternate
22location.
23    (e) The Department shall secure the consent of any
24municipality before placing a DUI memorial marker within the
25corporate limits of the municipality.
26    (f) A fee in an amount to be determined by the supporting

 

 

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1jurisdiction may be paid in whole or in part from the Roadside
2Memorial Fund if moneys are made available by the Department
3of Transportation from that Fund or may be charged to the
4qualified relative to the extent moneys from that Fund are not
5made available. The fee shall not exceed the costs associated
6with the fabrication, installation, and maintenance of the DUI
7memorial marker.
8(Source: P.A. 95-398, eff. 1-1-08; 96-667, eff. 8-25-09.)
 
9    (605 ILCS 125/23.1)
10    Sec. 23.1. Fatal accident memorial marker program.
11    (a) The fatal accident memorial marker program is intended
12to raise public awareness of traffic fatalities caused by
13reckless driving or other means by emphasizing the dangers
14while affording families an opportunity to remember the
15victims of traffic crashes involving reckless drivers.
16    (b) As used in this Section, "fatal accident memorial
17marker" means a marker on a highway in this State
18commemorating one or more persons who died as a proximate
19result of a crash caused by a driver who committed an act of
20reckless homicide in violation of Section 9-3 or 9-3.2 of the
21Criminal Code of 1961 or the Criminal Code of 2012 or who
22otherwise caused the death of one or more persons through the
23operation of a motor vehicle.
24    (c) For purposes of the fatal accident memorial marker
25program in this Section, the provisions of Section 15 of this

 

 

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1Act applicable to DUI memorial markers shall apply the same to
2fatal accident memorial markers.
3    (d) A fatal accident memorial marker shall consist of a
4white on blue panel bearing the message "Reckless Driving
5Costs Lives" if the victim or victims died as a proximate
6result of a crash caused by a driver who committed an act of
7reckless homicide in violation of Section 9-3 or 9-3.2 of the
8Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,
9a fatal accident memorial marker shall consist of a white on
10blue panel bearing the message "Drive With Care". At the
11request of the qualified relative, a separate panel bearing
12the words "In Memory of (victim's name)", followed by the date
13of the crash that was the proximate cause of the loss of the
14victim's life, shall be mounted below the primary panel.
15    (e) A fatal accident memorial marker may memorialize more
16than one victim who died as a result of the same crash. If one
17or more additional deaths subsequently occur in close
18proximity to an existing fatal accident memorial marker, the
19supporting jurisdiction may use the same marker to memorialize
20the subsequent death or deaths, by adding the names of the
21additional persons.
22    (f) A fatal accident memorial marker shall be maintained
23for at least 2 years from the date the last person was
24memorialized on the marker.
25    (g) The supporting jurisdiction has the right to install a
26marker at a location other than the location of the crash or to

 

 

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1relocate a marker due to restricted room, property owner
2complaints, interference with essential traffic control
3devices, safety concerns, or other restrictions. In these
4cases, the sponsoring jurisdiction may select an alternate
5location.
6    (h) The Department shall secure the consent of any
7municipality before placing a fatal accident memorial marker
8within the corporate limits of the municipality.
9    (i) A fee in an amount to be determined by the supporting
10jurisdiction shall be charged to the qualified relative. The
11fee shall not exceed the costs associated with the
12fabrication, installation, and maintenance of the fatal
13accident memorial marker.
14    (j) The provisions of this Section shall apply to any
15fatal accident marker constructed on or after January 1, 2013.
16(Source: P.A. 98-334, eff. 8-13-13.)
 
17    Section 10. The DUI Prevention and Education Commission
18Act is amended by changing Section 20 as follows:
 
19    (625 ILCS 70/20)
20    Sec. 20. DUI Prevention and Education Fund; transfer of
21funds.
22    (a) The DUI Prevention and Education Fund is created as a
23special fund in the State treasury. Subject to appropriation,
24all moneys in the DUI Prevention and Education Fund shall be

 

 

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1distributed by the Department of Transportation with guidance
2from the DUI Prevention and Education Commission as grants for
3crash victim programs and materials, impaired driving
4prevention programs, law enforcement support, and other
5DUI-related programs.
6    (b) As soon as practical after the effective date of this
7Act, the State Comptroller shall direct and the State
8Treasurer shall transfer any remaining balance in excess of
9$30,000 from the Roadside Memorial Fund to the DUI Prevention
10and Education Fund. Starting in 2021 and continuing every year
11after, the cash balance in the Roadside Memorial Fund on June
1230 shall be transferred to the DUI Prevention and Education
13Fund as soon as practical.
14(Source: P.A. 101-196, eff. 1-1-20.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.